FILE YOUR TAXES FREE

File your taxes Free with H&R Block!

Filing Your Taxes Online is Fast, Easy and Secure.
Start now and receive your tax refund in as little as 7 days.

1. Get Answers

Your online questions are customized to your unique tax situation.

2. Maximize your Refund

Find tax credits for everything from school tuition to buying a hybri

3. E-File for FREE

E-file free with direct deposit to get your refund in as few as 7 days.

Filing your taxes with paper mail can be difficult and it could take weeks for your refund to arrive. IRS e-file is easy, fast and secure. There is no paperwork going to the IRS so tax refunds can be processed in as little as 7 days with direct deposit. As you prepare your taxes online, you can see your tax refund in real time.

FREE audit support and representation from an enrolled agent – NEW and only from H&R Block

Amend My 2012 Tax Return

Amend my 2012 tax return 2. Amend my 2012 tax return Ordinary or Capital Gain or Loss Table of Contents IntroductionSection 1231 transactions. Amend my 2012 tax return Topics - This chapter discusses: Useful Items - You may want to see: Capital Assets Noncapital AssetsCommodities derivative dealer. Amend my 2012 tax return Sales and Exchanges Between Related PersonsGain Is Ordinary Income Nondeductible Loss Other DispositionsSale of a Business Dispositions of Intangible Property Subdivision of Land Timber Precious Metals and Stones, Stamps, and Coins Coal and Iron Ore Conversion Transactions Introduction You must classify your gains and losses as either ordinary or capital (and your capital gains or losses as either short-term or long-term). Amend my 2012 tax return You must do this to figure your net capital gain or loss. Amend my 2012 tax return For individuals, a net capital gain may be taxed at a different tax rate than ordinary income. Amend my 2012 tax return See Capital Gains Tax Rates in chapter 4. Amend my 2012 tax return Your deduction for a net capital loss may be limited. Amend my 2012 tax return See Treatment of Capital Losses in chapter 4. Amend my 2012 tax return Capital gain or loss. Amend my 2012 tax return Generally, you will have a capital gain or loss if you sell or exchange a capital asset. Amend my 2012 tax return You also may have a capital gain if your section 1231 transactions result in a net gain. Amend my 2012 tax return Section 1231 transactions. Amend my 2012 tax return Section 1231 transactions are sales and exchanges of property held longer than 1 year and either used in a trade or business or held for the production of rents or royalties. Amend my 2012 tax return They also include certain involuntary conversions of business or investment property, including capital assets. Amend my 2012 tax return See Section 1231 Gains and Losses in chapter 3 for more information. Amend my 2012 tax return Topics - This chapter discusses: Capital assets Noncapital assets Sales and exchanges between related persons Other dispositions Useful Items - You may want to see: Publication 550 Investment Income and Expenses Form (and Instructions) Schedule D (Form 1040) Capital Gains and Losses 4797 Sales of Business Property 8594 Asset Acquisition Statement Under Section 1060 8949 Sales and Other Dispositions of Capital Assets See chapter 5 for information about getting publications and forms. Amend my 2012 tax return Capital Assets Almost everything you own and use for personal purposes, pleasure, or investment is a capital asset. Amend my 2012 tax return For exceptions, see Noncapital Assets, later. Amend my 2012 tax return The following items are examples of capital assets. Amend my 2012 tax return Stocks and bonds. Amend my 2012 tax return A home owned and occupied by you and your family. Amend my 2012 tax return Timber grown on your home property or investment property, even if you make casual sales of the timber. Amend my 2012 tax return Household furnishings. Amend my 2012 tax return A car used for pleasure or commuting. Amend my 2012 tax return Coin or stamp collections. Amend my 2012 tax return Gems and jewelry. Amend my 2012 tax return Gold, silver, and other metals. Amend my 2012 tax return Personal-use property. Amend my 2012 tax return Generally, property held for personal use is a capital asset. Amend my 2012 tax return Gain from a sale or exchange of that property is a capital gain. Amend my 2012 tax return Loss from the sale or exchange of that property is not deductible. Amend my 2012 tax return You can deduct a loss relating to personal-use property only if it results from a casualty or theft. Amend my 2012 tax return Investment property. Amend my 2012 tax return Investment property (such as stocks and bonds) is a capital asset, and a gain or loss from its sale or exchange is a capital gain or loss. Amend my 2012 tax return This treatment does not apply to property used to produce rental income. Amend my 2012 tax return See Business assets, later, under Noncapital Assets. Amend my 2012 tax return Release of restriction on land. Amend my 2012 tax return Amounts you receive for the release of a restrictive covenant in a deed to land are treated as proceeds from the sale of a capital asset. Amend my 2012 tax return Noncapital Assets A noncapital asset is property that is not a capital asset. Amend my 2012 tax return The following kinds of property are not capital assets. Amend my 2012 tax return Stock in trade, inventory, and other property you hold mainly for sale to customers in your trade or business. Amend my 2012 tax return Inventories are discussed in Publication 538, Accounting Periods and Methods. Amend my 2012 tax return But, see the Tip below. Amend my 2012 tax return Accounts or notes receivable acquired in the ordinary course of a trade or business for services rendered or from the sale of any properties described in (1), above. Amend my 2012 tax return Depreciable property used in your trade or business or as rental property (including section 197 intangibles defined later), even if the property is fully depreciated (or amortized). Amend my 2012 tax return Sales of this type of property are discussed in chapter 3. Amend my 2012 tax return Real property used in your trade or business or as rental property, even if the property is fully depreciated. Amend my 2012 tax return A copyright; a literary, musical, or artistic composition; a letter; a memorandum; or similar property (such as drafts of speeches, recordings, transcripts, manuscripts, drawings, or photographs): Created by your personal efforts, Prepared or produced for you (in the case of a letter, memorandum, or similar property), or Received from a person who created the property or for whom the property was prepared under circumstances (for example, by gift) entitling you to the basis of the person who created the property, or for whom it was prepared or produced. Amend my 2012 tax return But, see the Tip below. Amend my 2012 tax return U. Amend my 2012 tax return S. Amend my 2012 tax return Government publications you got from the government for free or for less than the normal sales price or that you acquired under circumstances entitling you to the basis of someone who got the publications for free or for less than the normal sales price. Amend my 2012 tax return Any commodities derivative financial instrument (discussed later) held by a commodities derivatives dealer unless it meets both of the following requirements. Amend my 2012 tax return It is established to the satisfaction of the IRS that the instrument has no connection to the activities of the dealer as a dealer. Amend my 2012 tax return The instrument is clearly identified in the dealer's records as meeting (a) by the end of the day on which it was acquired, originated, or entered into. Amend my 2012 tax return Any hedging transaction (defined later) that is clearly identified as a hedging transaction by the end of the day on which it was acquired, originated, or entered into. Amend my 2012 tax return Supplies of a type you regularly use or consume in the ordinary course of your trade or business. Amend my 2012 tax return You can elect to treat as capital assets certain self-created musical compositions or copyrights you sold or exchanged. Amend my 2012 tax return See chapter 4 of Publication 550 for details. Amend my 2012 tax return Property held mainly for sale to customers. Amend my 2012 tax return Stock in trade, inventory, and other property you hold mainly for sale to customers in your trade or business are not capital assets. Amend my 2012 tax return Inventories are discussed in Publication 538. Amend my 2012 tax return Business assets. Amend my 2012 tax return Real property and depreciable property used in your trade or business or as rental property (including section 197 intangibles defined later under Dispositions of Intangible Property) are not capital assets. Amend my 2012 tax return The sale or disposition of business property is discussed in chapter 3. Amend my 2012 tax return Letters and memoranda. Amend my 2012 tax return Letters, memoranda, and similar property (such as drafts of speeches, recordings, transcripts, manuscripts, drawings, or photographs) are not treated as capital assets (as discussed earlier) if your personal efforts created them or if they were prepared or produced for you. Amend my 2012 tax return Nor is this property a capital asset if your basis in it is determined by reference to the person who created it or the person for whom it was prepared. Amend my 2012 tax return For this purpose, letters and memoranda addressed to you are considered prepared for you. Amend my 2012 tax return If letters or memoranda are prepared by persons under your administrative control, they are considered prepared for you whether or not you review them. Amend my 2012 tax return Commodities derivative financial instrument. Amend my 2012 tax return A commodities derivative financial instrument is a commodities contract or other financial instrument for commodities (other than a share of corporate stock, a beneficial interest in a partnership or trust, a note, bond, debenture, or other evidence of indebtedness, or a section 1256 contract) the value or settlement price of which is calculated or determined by reference to a specified index (as defined in section 1221(b) of the Internal Revenue Code). Amend my 2012 tax return Commodities derivative dealer. Amend my 2012 tax return A commodities derivative dealer is a person who regularly offers to enter into, assume, offset, assign, or terminate positions in commodities derivative financial instruments with customers in the ordinary course of a trade or business. Amend my 2012 tax return Hedging transaction. Amend my 2012 tax return A hedging transaction is any transaction you enter into in the normal course of your trade or business primarily to manage any of the following. Amend my 2012 tax return Risk of price changes or currency fluctuations involving ordinary property you hold or will hold. Amend my 2012 tax return Risk of interest rate or price changes or currency fluctuations for borrowings you make or will make, or ordinary obligations you incur or will incur. Amend my 2012 tax return Sales and Exchanges Between Related Persons This section discusses the rules that may apply to the sale or exchange of property between related persons. Amend my 2012 tax return If these rules apply, gains may be treated as ordinary income and losses may not be deductible. Amend my 2012 tax return See Transfers to Spouse in chapter 1 for rules that apply to spouses. Amend my 2012 tax return Gain Is Ordinary Income If a gain is recognized on the sale or exchange of property to a related person, the gain may be ordinary income even if the property is a capital asset. Amend my 2012 tax return It is ordinary income if the sale or exchange is a depreciable property transaction or a controlled partnership transaction. Amend my 2012 tax return Depreciable property transaction. Amend my 2012 tax return Gain on the sale or exchange of property, including a leasehold or a patent application, that is depreciable property in the hands of the person who receives it is ordinary income if the transaction is either directly or indirectly between any of the following pairs of entities. Amend my 2012 tax return A person and the person's controlled entity or entities. Amend my 2012 tax return A taxpayer and any trust in which the taxpayer (or his or her spouse) is a beneficiary unless the beneficiary's interest in the trust is a remote contingent interest; that is, the value of the interest computed actuarially is 5% or less of the value of the trust property. Amend my 2012 tax return An executor and a beneficiary of an estate unless the sale or exchange is in satisfaction of a pecuniary bequest (a bequest for a sum of money). Amend my 2012 tax return An employer (or any person related to the employer under rules (1), (2), or (3)) and a welfare benefit fund (within the meaning of section 419(e) of the Internal Revenue Code) that is controlled directly or indirectly by the employer (or any person related to the employer). Amend my 2012 tax return Controlled entity. Amend my 2012 tax return A person's controlled entity is either of the following. Amend my 2012 tax return A corporation in which more than 50% of the value of all outstanding stock, or a partnership in which more than 50% of the capital interest or profits interest, is directly or indirectly owned by or for that person. Amend my 2012 tax return An entity whose relationship with that person is one of the following. Amend my 2012 tax return A corporation and a partnership if the same persons own more than 50% in value of the outstanding stock of the corporation and more than 50% of the capital interest or profits interest in the partnership. Amend my 2012 tax return Two corporations that are members of the same controlled group as defined in section 1563(a) of the Internal Revenue Code, except that “more than 50%” is substituted for “at least 80%” in that definition. Amend my 2012 tax return Two S corporations, if the same persons own more than 50% in value of the outstanding stock of each corporation. Amend my 2012 tax return Two corporations, one of which is an S corporation, if the same persons own more than 50% in value of the outstanding stock of each corporation. Amend my 2012 tax return Controlled partnership transaction. Amend my 2012 tax return A gain recognized in a controlled partnership transaction may be ordinary income. Amend my 2012 tax return The gain is ordinary income if it results from the sale or exchange of property that, in the hands of the party who receives it, is a noncapital asset such as trade accounts receivable, inventory, stock in trade, or depreciable or real property used in a trade or business. Amend my 2012 tax return A controlled partnership transaction is a transaction directly or indirectly between either of the following pairs of entities. Amend my 2012 tax return A partnership and a person who directly or indirectly owns more than 50% of the capital interest or profits interest in the partnership. Amend my 2012 tax return Two partnerships, if the same persons directly or indirectly own more than 50% of the capital interests or profits interests in both partnerships. Amend my 2012 tax return Determining ownership. Amend my 2012 tax return In the transactions under Depreciable property transaction and Controlled partnership transaction, earlier, use the following rules to determine the ownership of stock or a partnership interest. Amend my 2012 tax return Stock or a partnership interest directly or indirectly owned by or for a corporation, partnership, estate, or trust is considered owned proportionately by or for its shareholders, partners, or beneficiaries. Amend my 2012 tax return (However, for a partnership interest owned by or for a C corporation, this applies only to shareholders who directly or indirectly own 5% or more in value of the stock of the corporation. Amend my 2012 tax return ) An individual is considered as owning the stock or partnership interest directly or indirectly owned by or for his or her family. Amend my 2012 tax return Family includes only brothers, sisters, half-brothers, half-sisters, spouse, ancestors, and lineal descendants. Amend my 2012 tax return For purposes of applying (1) or (2), above, stock or a partnership interest constructively owned by a person under (1) is treated as actually owned by that person. Amend my 2012 tax return But stock or a partnership interest constructively owned by an individual under (2) is not treated as owned by the individual for reapplying (2) to make another person the constructive owner of that stock or partnership interest. Amend my 2012 tax return Nondeductible Loss A loss on the sale or exchange of property between related persons is not deductible. Amend my 2012 tax return This applies to both direct and indirect transactions, but not to distributions of property from a corporation in a complete liquidation. Amend my 2012 tax return For the list of related persons, see Related persons next. Amend my 2012 tax return If a sale or exchange is between any of these related persons and involves the lump-sum sale of a number of blocks of stock or pieces of property, the gain or loss must be figured separately for each block of stock or piece of property. Amend my 2012 tax return The gain on each item is taxable. Amend my 2012 tax return The loss on any item is nondeductible. Amend my 2012 tax return Gains from the sales of any of these items may not be offset by losses on the sales of any of the other items. Amend my 2012 tax return Related persons. Amend my 2012 tax return The following is a list of related persons. Amend my 2012 tax return Members of a family, including only brothers, sisters, half-brothers, half-sisters, spouse, ancestors (parents, grandparents, etc. Amend my 2012 tax return ), and lineal descendants (children, grandchildren, etc. Amend my 2012 tax return ). Amend my 2012 tax return An individual and a corporation if the individual directly or indirectly owns more than 50% in value of the outstanding stock of the corporation. Amend my 2012 tax return Two corporations that are members of the same controlled group as defined in section 267(f) of the Internal Revenue Code. Amend my 2012 tax return A trust fiduciary and a corporation if the trust or the grantor of the trust directly or indirectly owns more than 50% in value of the outstanding stock of the corporation. Amend my 2012 tax return A grantor and fiduciary, and the fiduciary and beneficiary, of any trust. Amend my 2012 tax return Fiduciaries of two different trusts, and the fiduciary and beneficiary of two different trusts, if the same person is the grantor of both trusts. Amend my 2012 tax return A tax-exempt educational or charitable organization and a person who directly or indirectly controls the organization, or a member of that person's family. Amend my 2012 tax return A corporation and a partnership if the same persons own more than 50% in value of the outstanding stock of the corporation and more than 50% of the capital interest or profits interest in the partnership. Amend my 2012 tax return Two S corporations if the same persons own more than 50% in value of the outstanding stock of each corporation. Amend my 2012 tax return Two corporations, one of which is an S corporation, if the same persons own more than 50% in value of the outstanding stock of each corporation. Amend my 2012 tax return An executor and a beneficiary of an estate unless the sale or exchange is in satisfaction of a pecuniary bequest. Amend my 2012 tax return Two partnerships if the same persons directly or indirectly own more than 50% of the capital interests or profits interests in both partnerships. Amend my 2012 tax return A person and a partnership if the person directly or indirectly owns more than 50% of the capital interest or profits interest in the partnership. Amend my 2012 tax return Partnership interests. Amend my 2012 tax return The nondeductible loss rule does not apply to a sale or exchange of an interest in the partnership between the related persons described in (12) or (13) above. Amend my 2012 tax return Controlled groups. Amend my 2012 tax return Losses on transactions between members of the same controlled group described in (3) earlier are deferred rather than denied. Amend my 2012 tax return For more information, see section 267(f) of the Internal Revenue Code. Amend my 2012 tax return Ownership of stock or partnership interests. Amend my 2012 tax return In determining whether an individual directly or indirectly owns any of the outstanding stock of a corporation or an interest in a partnership for a loss on a sale or exchange, the following rules apply. Amend my 2012 tax return Stock or a partnership interest directly or indirectly owned by or for a corporation, partnership, estate, or trust is considered owned proportionately by or for its shareholders, partners, or beneficiaries. Amend my 2012 tax return (However, for a partnership interest owned by or for a C corporation, this applies only to shareholders who directly or indirectly own 5% or more in value of the stock of the corporation. Amend my 2012 tax return ) An individual is considered as owning the stock or partnership interest directly or indirectly owned by or for his or her family. Amend my 2012 tax return Family includes only brothers, sisters, half-brothers, half-sisters, spouse, ancestors, and lineal descendants. Amend my 2012 tax return An individual owning (other than by applying (2)) any stock in a corporation is considered to own the stock directly or indirectly owned by or for his or her partner. Amend my 2012 tax return For purposes of applying (1), (2), or (3), stock or a partnership interest constructively owned by a person under (1) is treated as actually owned by that person. Amend my 2012 tax return But stock or a partnership interest constructively owned by an individual under (2) or (3) is not treated as owned by the individual for reapplying either (2) or (3) to make another person the constructive owner of that stock or partnership interest. Amend my 2012 tax return Indirect transactions. Amend my 2012 tax return You cannot deduct your loss on the sale of stock through your broker if under a prearranged plan a related person or entity buys the same stock you had owned. Amend my 2012 tax return This does not apply to a cross-trade between related parties through an exchange that is purely coincidental and is not prearranged. Amend my 2012 tax return Property received from a related person. Amend my 2012 tax return If, in a purchase or exchange, you received property from a related person who had a loss that was not allowable and you later sell or exchange the property at a gain, you recognize the gain only to the extent it is more than the loss previously disallowed to the related person. Amend my 2012 tax return This rule applies only to the original transferee. Amend my 2012 tax return Example 1. Amend my 2012 tax return Your brother sold stock to you for $7,600. Amend my 2012 tax return His cost basis was $10,000. Amend my 2012 tax return His loss of $2,400 was not deductible. Amend my 2012 tax return You later sell the same stock to an unrelated party for $10,500, realizing a gain of $2,900 ($10,500 − $7,600). Amend my 2012 tax return Your recognized gain is only $500, the gain that is more than the $2,400 loss not allowed to your brother. Amend my 2012 tax return Example 2. Amend my 2012 tax return Assume the same facts as in Example 1, except that you sell the stock for $6,900 instead of $10,500. Amend my 2012 tax return Your recognized loss is only $700 ($7,600 − $6,900). Amend my 2012 tax return You cannot deduct the loss not allowed to your brother. Amend my 2012 tax return Other Dispositions This section discusses rules for determining the treatment of gain or loss from various dispositions of property. Amend my 2012 tax return Sale of a Business The sale of a business usually is not a sale of one asset. Amend my 2012 tax return Instead, all the assets of the business are sold. Amend my 2012 tax return Generally, when this occurs, each asset is treated as being sold separately for determining the treatment of gain or loss. Amend my 2012 tax return A business usually has many assets. Amend my 2012 tax return When sold, these assets must be classified as capital assets, depreciable property used in the business, real property used in the business, or property held for sale to customers, such as inventory or stock in trade. Amend my 2012 tax return The gain or loss on each asset is figured separately. Amend my 2012 tax return The sale of capital assets results in capital gain or loss. Amend my 2012 tax return The sale of real property or depreciable property used in the business and held longer than 1 year results in gain or loss from a section 1231 transaction (discussed in chapter 3). Amend my 2012 tax return The sale of inventory results in ordinary income or loss. Amend my 2012 tax return Partnership interests. Amend my 2012 tax return An interest in a partnership or joint venture is treated as a capital asset when sold. Amend my 2012 tax return The part of any gain or loss from unrealized receivables or inventory items will be treated as ordinary gain or loss. Amend my 2012 tax return For more information, see Disposition of Partner's Interest in Publication 541. Amend my 2012 tax return Corporation interests. Amend my 2012 tax return Your interest in a corporation is represented by stock certificates. Amend my 2012 tax return When you sell these certificates, you usually realize capital gain or loss. Amend my 2012 tax return For information on the sale of stock, see chapter 4 in Publication 550. Amend my 2012 tax return Corporate liquidations. Amend my 2012 tax return Corporate liquidations of property generally are treated as a sale or exchange. Amend my 2012 tax return Gain or loss generally is recognized by the corporation on a liquidating sale of its assets. Amend my 2012 tax return Gain or loss generally is recognized also on a liquidating distribution of assets as if the corporation sold the assets to the distributee at fair market value. Amend my 2012 tax return In certain cases in which the distributee is a corporation in control of the distributing corporation, the distribution may not be taxable. Amend my 2012 tax return For more information, see section 332 of the Internal Revenue Code and the related regulations. Amend my 2012 tax return Allocation of consideration paid for a business. Amend my 2012 tax return The sale of a trade or business for a lump sum is considered a sale of each individual asset rather than of a single asset. Amend my 2012 tax return Except for assets exchanged under any nontaxable exchange rules, both the buyer and seller of a business must use the residual method (explained later) to allocate the consideration to each business asset transferred. Amend my 2012 tax return This method determines gain or loss from the transfer of each asset and how much of the consideration is for goodwill and certain other intangible property. Amend my 2012 tax return It also determines the buyer's basis in the business assets. Amend my 2012 tax return Consideration. Amend my 2012 tax return The buyer's consideration is the cost of the assets acquired. Amend my 2012 tax return The seller's consideration is the amount realized (money plus the fair market value of property received) from the sale of assets. Amend my 2012 tax return Residual method. Amend my 2012 tax return The residual method must be used for any transfer of a group of assets that constitutes a trade or business and for which the buyer's basis is determined only by the amount paid for the assets. Amend my 2012 tax return This applies to both direct and indirect transfers, such as the sale of a business or the sale of a partnership interest in which the basis of the buyer's share of the partnership assets is adjusted for the amount paid under section 743(b) of the Internal Revenue Code. Amend my 2012 tax return Section 743(b) applies if a partnership has an election in effect under section 754 of the Internal Revenue Code. Amend my 2012 tax return A group of assets constitutes a trade or business if either of the following applies. Amend my 2012 tax return Goodwill or going concern value could, under any circumstances, attach to them. Amend my 2012 tax return The use of the assets would constitute an active trade or business under section 355 of the Internal Revenue Code. Amend my 2012 tax return The residual method provides for the consideration to be reduced first by the amount of Class I assets (defined below). Amend my 2012 tax return The consideration remaining after this reduction must be allocated among the various business assets in a certain order. Amend my 2012 tax return See Classes of assets next for the complete order. Amend my 2012 tax return Classes of assets. Amend my 2012 tax return The following definitions are the classifications for deemed or actual asset acquisitions. Amend my 2012 tax return Allocate the consideration among the assets in the following order. Amend my 2012 tax return The amount allocated to an asset, other than a Class VII asset, cannot exceed its fair market value on the purchase date. Amend my 2012 tax return The amount you can allocate to an asset also is subject to any applicable limits under the Internal Revenue Code or general principles of tax law. Amend my 2012 tax return Class I assets are cash and general deposit accounts (including checking and savings accounts but excluding certificates of deposit). Amend my 2012 tax return Class II assets are certificates of deposit, U. Amend my 2012 tax return S. Amend my 2012 tax return Government securities, foreign currency, and actively traded personal property, including stock and securities. Amend my 2012 tax return Class III assets are accounts receivable, other debt instruments, and assets that you mark to market at least annually for federal income tax purposes. Amend my 2012 tax return However, see section 1. Amend my 2012 tax return 338-6(b)(2)(iii) of the regulations for exceptions that apply to debt instruments issued by persons related to a target corporation, contingent debt instruments, and debt instruments convertible into stock or other property. Amend my 2012 tax return Class IV assets are property of a kind that would properly be included in inventory if on hand at the end of the tax year or property held by the taxpayer primarily for sale to customers in the ordinary course of business. Amend my 2012 tax return Class V assets are all assets other than Class I, II, III, IV, VI, and VII assets. Amend my 2012 tax return Note. Amend my 2012 tax return Furniture and fixtures, buildings, land, vehicles, and equipment, which constitute all or part of a trade or business are generally Class V assets. Amend my 2012 tax return Class VI assets are section 197 intangibles (other than goodwill and going concern value). Amend my 2012 tax return Class VII assets are goodwill and going concern value (whether the goodwill or going concern value qualifies as a section 197 intangible). Amend my 2012 tax return If an asset described in one of the classifications described above can be included in more than one class, include it in the lower numbered class. Amend my 2012 tax return For example, if an asset is described in both Class II and Class IV, choose Class II. Amend my 2012 tax return Example. Amend my 2012 tax return The total paid in the sale of the assets of Company SKB is $21,000. Amend my 2012 tax return No cash or deposit accounts or similar accounts were sold. Amend my 2012 tax return The company's U. Amend my 2012 tax return S. Amend my 2012 tax return Government securities sold had a fair market value of $3,200. Amend my 2012 tax return The only other asset transferred (other than goodwill and going concern value) was inventory with a fair market value of $15,000. Amend my 2012 tax return Of the $21,000 paid for the assets of Company SKB, $3,200 is allocated to U. Amend my 2012 tax return S. Amend my 2012 tax return Government securities, $15,000 to inventory assets, and the remaining $2,800 to goodwill and going concern value. Amend my 2012 tax return Agreement. Amend my 2012 tax return The buyer and seller may enter into a written agreement as to the allocation of any consideration or the fair market value of any of the assets. Amend my 2012 tax return This agreement is binding on both parties unless the IRS determines the amounts are not appropriate. Amend my 2012 tax return Reporting requirement. Amend my 2012 tax return Both the buyer and seller involved in the sale of business assets must report to the IRS the allocation of the sales price among section 197 intangibles and the other business assets. Amend my 2012 tax return Use Form 8594, Asset Acquisition Statement Under Section 1060, to provide this information. Amend my 2012 tax return Generally, the buyer and seller should each attach Form 8594 to their federal income tax return for the year in which the sale occurred. Amend my 2012 tax return See the Instructions for Form 8594. Amend my 2012 tax return Dispositions of Intangible Property Intangible property is any personal property that has value but cannot be seen or touched. Amend my 2012 tax return It includes such items as patents, copyrights, and the goodwill value of a business. Amend my 2012 tax return Gain or loss on the sale or exchange of amortizable or depreciable intangible property held longer than 1 year (other than an amount recaptured as ordinary income) is a section 1231 gain or loss. Amend my 2012 tax return The treatment of section 1231 gain or loss and the recapture of amortization and depreciation as ordinary income are explained in chapter 3. Amend my 2012 tax return See chapter 8 of Publication 535, Business Expenses, for information on amortizable intangible property and chapter 1 of Publication 946, How To Depreciate Property, for information on intangible property that can and cannot be depreciated. Amend my 2012 tax return Gain or loss on dispositions of other intangible property is ordinary or capital depending on whether the property is a capital asset or a noncapital asset. Amend my 2012 tax return The following discussions explain special rules that apply to certain dispositions of intangible property. Amend my 2012 tax return Section 197 Intangibles Section 197 intangibles are certain intangible assets acquired after August 10, 1993 (after July 25, 1991, if chosen), and held in connection with the conduct of a trade or business or an activity entered into for profit whose costs are amortized over 15 years. Amend my 2012 tax return They include the following assets. Amend my 2012 tax return Goodwill. Amend my 2012 tax return Going concern value. Amend my 2012 tax return Workforce in place. Amend my 2012 tax return Business books and records, operating systems, and other information bases. Amend my 2012 tax return Patents, copyrights, formulas, processes, designs, patterns, know how, formats, and similar items. Amend my 2012 tax return Customer-based intangibles. Amend my 2012 tax return Supplier-based intangibles. Amend my 2012 tax return Licenses, permits, and other rights granted by a governmental unit. Amend my 2012 tax return Covenants not to compete entered into in connection with the acquisition of a business. Amend my 2012 tax return Franchises, trademarks, and trade names. Amend my 2012 tax return See chapter 8 of Publication 535 for a description of each intangible. Amend my 2012 tax return Dispositions. Amend my 2012 tax return You cannot deduct a loss from the disposition or worthlessness of a section 197 intangible you acquired in the same transaction (or series of related transactions) as another section 197 intangible you still hold. Amend my 2012 tax return Instead, you must increase the adjusted basis of your retained section 197 intangible by the nondeductible loss. Amend my 2012 tax return If you retain more than one section 197 intangible, increase each intangible's adjusted basis. Amend my 2012 tax return Figure the increase by multiplying the nondeductible loss by a fraction, the numerator (top number) of which is the retained intangible's adjusted basis on the date of the loss and the denominator (bottom number) of which is the total adjusted basis of all retained intangibles on the date of the loss. Amend my 2012 tax return In applying this rule, members of the same controlled group of corporations and commonly controlled businesses are treated as a single entity. Amend my 2012 tax return For example, a corporation cannot deduct a loss on the sale of a section 197 intangible if, after the sale, a member of the same controlled group retains other section 197 intangibles acquired in the same transaction as the intangible sold. Amend my 2012 tax return Covenant not to compete. Amend my 2012 tax return A covenant not to compete (or similar arrangement) that is a section 197 intangible cannot be treated as disposed of or worthless before you have disposed of your entire interest in the trade or business for which the covenant was entered into. Amend my 2012 tax return Members of the same controlled group of corporations and commonly controlled businesses are treated as a single entity in determining whether a member has disposed of its entire interest in a trade or business. Amend my 2012 tax return Anti-churning rules. Amend my 2012 tax return Anti-churning rules prevent a taxpayer from converting section 197 intangibles that do not qualify for amortization into property that would qualify for amortization. Amend my 2012 tax return However, these rules do not apply to part of the basis of property acquired by certain related persons if the transferor elects to do both the following. Amend my 2012 tax return Recognize gain on the transfer of the property. Amend my 2012 tax return Pay income tax on the gain at the highest tax rate. Amend my 2012 tax return If the transferor is a partnership or S corporation, the partnership or S corporation (not the partners or shareholders) can make the election. Amend my 2012 tax return But each partner or shareholder must pay the tax on his or her share of gain. Amend my 2012 tax return To make the election, you, as the transferor, must attach a statement containing certain information to your income tax return for the year of the transfer. Amend my 2012 tax return You must file the tax return by the due date (including extensions). Amend my 2012 tax return You must also notify the transferee of the election in writing by the due date of the return. Amend my 2012 tax return If you timely filed your return without making the election, you can make the election by filing an amended return within 6 months after the due date of the return (excluding extensions). Amend my 2012 tax return Attach the statement to the amended return and write “Filed pursuant to section 301. Amend my 2012 tax return 9100-2” at the top of the statement. Amend my 2012 tax return File the amended return at the same address the original return was filed. Amend my 2012 tax return For more information about making the election, see Regulations section 1. Amend my 2012 tax return 197-2(h)(9). Amend my 2012 tax return For information about reporting the tax on your income tax return, see the Instructions for Form 4797. Amend my 2012 tax return Patents The transfer of a patent by an individual is treated as a sale or exchange of a capital asset held longer than 1 year. Amend my 2012 tax return This applies even if the payments for the patent are made periodically during the transferee's use or are contingent on the productivity, use, or disposition of the patent. Amend my 2012 tax return For information on the treatment of gain or loss on the transfer of capital assets, see chapter 4. Amend my 2012 tax return This treatment applies to your transfer of a patent if you meet all the following conditions. Amend my 2012 tax return You are the holder of the patent. Amend my 2012 tax return You transfer the patent other than by gift, inheritance, or devise. Amend my 2012 tax return You transfer all substantial rights to the patent or an undivided interest in all such rights. Amend my 2012 tax return You do not transfer the patent to a related person. Amend my 2012 tax return Holder. Amend my 2012 tax return You are the holder of a patent if you are either of the following. Amend my 2012 tax return The individual whose effort created the patent property and who qualifies as the original and first inventor. Amend my 2012 tax return The individual who bought an interest in the patent from the inventor before the invention was tested and operated successfully under operating conditions and who is neither related to, nor the employer of, the inventor. Amend my 2012 tax return All substantial rights. Amend my 2012 tax return All substantial rights to patent property are all rights that have value when they are transferred. Amend my 2012 tax return A security interest (such as a lien), or a reservation calling for forfeiture for nonperformance, is not treated as a substantial right for these rules and may be kept by you as the holder of the patent. Amend my 2012 tax return All substantial rights to a patent are not transferred if any of the following apply to the transfer. Amend my 2012 tax return The rights are limited geographically within a country. Amend my 2012 tax return The rights are limited to a period less than the remaining life of the patent. Amend my 2012 tax return The rights are limited to fields of use within trades or industries and are less than all the rights that exist and have value at the time of the transfer. Amend my 2012 tax return The rights are less than all the claims or inventions covered by the patent that exist and have value at the time of the transfer. Amend my 2012 tax return Related persons. Amend my 2012 tax return This tax treatment does not apply if the transfer is directly or indirectly between you and a related person as defined earlier in the list under Nondeductible Loss, with the following changes. Amend my 2012 tax return Members of your family include your spouse, ancestors, and lineal descendants, but not your brothers, sisters, half-brothers, or half-sisters. Amend my 2012 tax return Substitute “25% or more” ownership for “more than 50%. Amend my 2012 tax return ” If you fit within the definition of a related person independent of family status, the brother-sister exception in (1), earlier, does not apply. Amend my 2012 tax return For example, a transfer between a brother and a sister as beneficiary and fiduciary of the same trust is a transfer between related persons. Amend my 2012 tax return The brother-sister exception does not apply because the trust relationship is independent of family status. Amend my 2012 tax return Franchise, Trademark, or Trade Name If you transfer or renew a franchise, trademark, or trade name for a price contingent on its productivity, use, or disposition, the amount you receive generally is treated as an amount realized from the sale of a noncapital asset. Amend my 2012 tax return A franchise includes an agreement that gives one of the parties the right to distribute, sell, or provide goods, services, or facilities within a specified area. Amend my 2012 tax return Significant power, right, or continuing interest. Amend my 2012 tax return If you keep any significant power, right, or continuing interest in the subject matter of a franchise, trademark, or trade name that you transfer or renew, the amount you receive is ordinary royalty income rather than an amount realized from a sale or exchange. Amend my 2012 tax return A significant power, right, or continuing interest in a franchise, trademark, or trade name includes, but is not limited to, the following rights in the transferred interest. Amend my 2012 tax return A right to disapprove any assignment of the interest, or any part of it. Amend my 2012 tax return A right to end the agreement at will. Amend my 2012 tax return A right to set standards of quality for products used or sold, or for services provided, and for the equipment and facilities used to promote such products or services. Amend my 2012 tax return A right to make the recipient sell or advertise only your products or services. Amend my 2012 tax return A right to make the recipient buy most supplies and equipment from you. Amend my 2012 tax return A right to receive payments based on the productivity, use, or disposition of the transferred item of interest if those payments are a substantial part of the transfer agreement. Amend my 2012 tax return Subdivision of Land If you own a tract of land and, to sell or exchange it, you subdivide it into individual lots or parcels, the gain normally is ordinary income. Amend my 2012 tax return However, you may receive capital gain treatment on at least part of the proceeds provided you meet certain requirements. Amend my 2012 tax return See section 1237 of the Internal Revenue Code. Amend my 2012 tax return Timber Standing timber held as investment property is a capital asset. Amend my 2012 tax return Gain or loss from its sale is reported as a capital gain or loss on Form 8949, and Schedule D (Form 1040), as applicable. Amend my 2012 tax return If you held the timber primarily for sale to customers, it is not a capital asset. Amend my 2012 tax return Gain or loss on its sale is ordinary business income or loss. Amend my 2012 tax return It is reported in the gross receipts or sales and cost of goods sold items of your return. Amend my 2012 tax return Farmers who cut timber on their land and sell it as logs, firewood, or pulpwood usually have no cost or other basis for that timber. Amend my 2012 tax return These sales constitute a very minor part of their farm businesses. Amend my 2012 tax return In these cases, amounts realized from such sales, and the expenses of cutting, hauling, etc. Amend my 2012 tax return , are ordinary farm income and expenses reported on Schedule F (Form 1040), Profit or Loss From Farming. Amend my 2012 tax return Different rules apply if you owned the timber longer than 1 year and elect to either: Treat timber cutting as a sale or exchange, or Enter into a cutting contract. Amend my 2012 tax return Timber is considered cut on the date when, in the ordinary course of business, the quantity of felled timber is first definitely determined. Amend my 2012 tax return This is true whether the timber is cut under contract or whether you cut it yourself. Amend my 2012 tax return Under the rules discussed below, disposition of the timber is treated as a section 1231 transaction. Amend my 2012 tax return See chapter 3. Amend my 2012 tax return Gain or loss is reported on Form 4797. Amend my 2012 tax return Christmas trees. Amend my 2012 tax return Evergreen trees, such as Christmas trees, that are more than 6 years old when severed from their roots and sold for ornamental purposes are included in the term timber. Amend my 2012 tax return They qualify for both rules discussed below. Amend my 2012 tax return Election to treat cutting as a sale or exchange. Amend my 2012 tax return Under the general rule, the cutting of timber results in no gain or loss. Amend my 2012 tax return It is not until a sale or exchange occurs that gain or loss is realized. Amend my 2012 tax return But if you owned or had a contractual right to cut timber, you can elect to treat the cutting of timber as a section 1231 transaction in the year the timber is cut. Amend my 2012 tax return Even though the cut timber is not actually sold or exchanged, you report your gain or loss on the cutting for the year the timber is cut. Amend my 2012 tax return Any later sale results in ordinary business income or loss. Amend my 2012 tax return See Example, later. Amend my 2012 tax return To elect this treatment, you must: Own or hold a contractual right to cut the timber for a period of more than 1 year before it is cut, and Cut the timber for sale or for use in your trade or business. Amend my 2012 tax return Making the election. Amend my 2012 tax return You make the election on your return for the year the cutting takes place by including in income the gain or loss on the cutting and including a computation of the gain or loss. Amend my 2012 tax return You do not have to make the election in the first year you cut timber. Amend my 2012 tax return You can make it in any year to which the election would apply. Amend my 2012 tax return If the timber is partnership property, the election is made on the partnership return. Amend my 2012 tax return This election cannot be made on an amended return. Amend my 2012 tax return Once you have made the election, it remains in effect for all later years unless you cancel it. Amend my 2012 tax return If you previously elected to treat the cutting of timber as a sale or exchange, you may revoke this election without the consent of the IRS. Amend my 2012 tax return The prior election (and revocation) is disregarded for purposes of making a subsequent election. Amend my 2012 tax return See Form T (Timber), Forest Activities Schedule, for more information. Amend my 2012 tax return Gain or loss. Amend my 2012 tax return Your gain or loss on the cutting of standing timber is the difference between its adjusted basis for depletion and its fair market value on the first day of your tax year in which it is cut. Amend my 2012 tax return Your adjusted basis for depletion of cut timber is based on the number of units (feet board measure, log scale, or other units) of timber cut during the tax year and considered to be sold or exchanged. Amend my 2012 tax return Your adjusted basis for depletion is also based on the depletion unit of timber in the account used for the cut timber, and should be figured in the same manner as shown in section 611 of the Internal Revenue Code and the related regulations. Amend my 2012 tax return Timber depletion is discussed in chapter 9 of Publication 535. Amend my 2012 tax return Example. Amend my 2012 tax return In April 2013, you had owned 4,000 MBF (1,000 board feet) of standing timber longer than 1 year. Amend my 2012 tax return It had an adjusted basis for depletion of $40 per MBF. Amend my 2012 tax return You are a calendar year taxpayer. Amend my 2012 tax return On January 1, 2013, the timber had a fair market value (FMV) of $350 per MBF. Amend my 2012 tax return It was cut in April for sale. Amend my 2012 tax return On your 2013 tax return, you elect to treat the cutting of the timber as a sale or exchange. Amend my 2012 tax return You report the difference between the fair market value and your adjusted basis for depletion as a gain. Amend my 2012 tax return This amount is reported on Form 4797 along with your other section 1231 gains and losses to figure whether it is treated as capital gain or as ordinary gain. Amend my 2012 tax return You figure your gain as follows. Amend my 2012 tax return FMV of timber January 1, 2013 $1,400,000 Minus: Adjusted basis for depletion 160,000 Section 1231 gain $1,240,000 The fair market value becomes your basis in the cut timber and a later sale of the cut timber including any by-product or tree tops will result in ordinary business income or loss. Amend my 2012 tax return Outright sales of timber. Amend my 2012 tax return Outright sales of timber by landowners qualify for capital gains treatment using rules similar to the rules for certain disposal of timber under a contract with retained economic interest (defined below). Amend my 2012 tax return However, for outright sales, the date of disposal is not deemed to be the date the timber is cut because the landowner can elect to treat the payment date as the date of disposal (see below). Amend my 2012 tax return Cutting contract. Amend my 2012 tax return You must treat the disposal of standing timber under a cutting contract as a section 1231 transaction if all the following apply to you. Amend my 2012 tax return You are the owner of the timber. Amend my 2012 tax return You held the timber longer than 1 year before its disposal. Amend my 2012 tax return You kept an economic interest in the timber. Amend my 2012 tax return You have kept an economic interest in standing timber if, under the cutting contract, the expected return on your investment is conditioned on the cutting of the timber. Amend my 2012 tax return The difference between the amount realized from the disposal of the timber and its adjusted basis for depletion is treated as gain or loss on its sale. Amend my 2012 tax return Include this amount on Form 4797 along with your other section 1231 gains or losses to figure whether it is treated as capital or ordinary gain or loss. Amend my 2012 tax return Date of disposal. Amend my 2012 tax return The date of disposal is the date the timber is cut. Amend my 2012 tax return However, for outright sales by landowners or if you receive payment under the contract before the timber is cut, you can elect to treat the date of payment as the date of disposal. Amend my 2012 tax return This election applies only to figure the holding period of the timber. Amend my 2012 tax return It has no effect on the time for reporting gain or loss (generally when the timber is sold or exchanged). Amend my 2012 tax return To make this election, attach a statement to the tax return filed by the due date (including extensions) for the year payment is received. Amend my 2012 tax return The statement must identify the advance payments subject to the election and the contract under which they were made. Amend my 2012 tax return If you timely filed your return for the year you received payment without making the election, you still can make the election by filing an amended return within 6 months after the due date for that year's return (excluding extensions). Amend my 2012 tax return Attach the statement to the amended return and write “Filed pursuant to section 301. Amend my 2012 tax return 9100-2” at the top of the statement. Amend my 2012 tax return File the amended return at the same address the original return was filed. Amend my 2012 tax return Owner. Amend my 2012 tax return The owner of timber is any person who owns an interest in it, including a sublessor and the holder of a contract to cut the timber. Amend my 2012 tax return You own an interest in timber if you have the right to cut it for sale on your own account or for use in your business. Amend my 2012 tax return Tree stumps. Amend my 2012 tax return Tree stumps are a capital asset if they are on land held by an investor who is not in the timber or stump business as a buyer, seller, or processor. Amend my 2012 tax return Gain from the sale of stumps sold in one lot by such a holder is taxed as a capital gain. Amend my 2012 tax return However, tree stumps held by timber operators after the saleable standing timber was cut and removed from the land are considered by-products. Amend my 2012 tax return Gain from the sale of stumps in lots or tonnage by such operators is taxed as ordinary income. Amend my 2012 tax return See Form T (Timber) and its separate instructions for more information about dispositions of timber. Amend my 2012 tax return Precious Metals and Stones, Stamps, and Coins Gold, silver, gems, stamps, coins, etc. Amend my 2012 tax return , are capital assets except when they are held for sale by a dealer. Amend my 2012 tax return Any gain or loss from their sale or exchange generally is a capital gain or loss. Amend my 2012 tax return If you are a dealer, the amount received from the sale is ordinary business income. Amend my 2012 tax return Coal and Iron Ore You must treat the disposal of coal (including lignite) or iron ore mined in the United States as a section 1231 transaction if both the following apply to you. Amend my 2012 tax return You owned the coal or iron ore longer than 1 year before its disposal. Amend my 2012 tax return You kept an economic interest in the coal or iron ore. Amend my 2012 tax return For this rule, the date the coal or iron ore is mined is considered the date of its disposal. Amend my 2012 tax return Your gain or loss is the difference between the amount realized from disposal of the coal or iron ore and the adjusted basis you use to figure cost depletion (increased by certain expenses not allowed as deductions for the tax year). Amend my 2012 tax return This amount is included on Form 4797 along with your other section 1231 gains and losses. Amend my 2012 tax return You are considered an owner if you own or sublet an economic interest in the coal or iron ore in place. Amend my 2012 tax return If you own only an option to buy the coal in place, you do not qualify as an owner. Amend my 2012 tax return In addition, this gain or loss treatment does not apply to income realized by an owner who is a co-adventurer, partner, or principal in the mining of coal or iron ore. Amend my 2012 tax return The expenses of making and administering the contract under which the coal or iron ore was disposed of and the expenses of preserving the economic interest kept under the contract are not allowed as deductions in figuring taxable income. Amend my 2012 tax return Rather, their total, along with the adjusted depletion basis, is deducted from the amount received to determine gain. Amend my 2012 tax return If the total of these expenses plus the adjusted depletion basis is more than the amount received, the result is a loss. Amend my 2012 tax return Special rule. Amend my 2012 tax return The above treatment does not apply if you directly or indirectly dispose of the iron ore or coal to any of the following persons. Amend my 2012 tax return A related person whose relationship to you would result in the disallowance of a loss (see Nondeductible Loss under Sales and Exchanges Between Related Persons, earlier). Amend my 2012 tax return An individual, trust, estate, partnership, association, company, or corporation owned or controlled directly or indirectly by the same interests that own or control your business. Amend my 2012 tax return Conversion Transactions Recognized gain on the disposition or termination of any position held as part of certain conversion transactions is treated as ordinary income. Amend my 2012 tax return This applies if substantially all your expected return is attributable to the time value of your net investment (like interest on a loan) and the transaction is any of the following. Amend my 2012 tax return An applicable straddle (generally, any set of offsetting positions with respect to personal property, including stock). Amend my 2012 tax return A transaction in which you acquire property and, at or about the same time, you contract to sell the same or substantially identical property at a specified price. Amend my 2012 tax return Any other transaction that is marketed and sold as producing capital gain from a transaction in which substantially all of your expected return is due to the time value of your net investment. Amend my 2012 tax return For more information, see chapter 4 of Publication 550. Amend my 2012 tax return Prev Up Next Home More Online Publications
Skip Navigation

IRS Gives Colorado Flood Victims More Time To Decide When To Claim Losses

IR-2014-35, March 25, 2014

WASHINGTON — The Internal Revenue Service today provided taxpayers an extension until Oct. 15, 2014, to decide when to claim disaster losses arising from last September’s flooding.

The extension means that eligible individuals and businesses will now have until Oct. 15 to decide whether to claim these losses on either their 2012 or 2013 returns. Without this extension, these taxpayers would have had to make this choice by the original due date for the 2013 return, usually April 15.

Depending upon various income factors, claiming losses on a 2012 return versus a 2013 return could result in greater tax savings for some taxpayers. The extra time is available, regardless of whether a taxpayer requests a tax-filing extension for either year.

Though taxpayers who miss the new Oct. 15 cut-off will lose the option of claiming their losses for 2012, they will still be able to claim them on an original or amended 2013 return. Further details are in Notice 2014-20, posted today on IRS.gov and also scheduled to be in Internal Revenue Bulletin 2014-15, dated April 7, 2014.